Divorcing a spouse in another country while in FCI

North Carolina Divorce Law Divorce and Separation Answers
1

He would need to make an appearance in court in order to get the divorce. He can handle an attorney to handle this on his behalf and he won’t need to go to court.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
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Durham, NC 27713
Phone: (919) 321-0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

Thank you so much for the information and i will tell him today. We will be in touch with you. Have a wonderful day.

Eden

gail j russell

3

My Fiancee is temporarily incarcerated in SC. He is a legal resident of NC where he resided in Wake County for many years.
He wants to obtain a divorce from his wife who abandoned him and went to Germany almost a year and a half ago. He has the no-fault package and has filled it out. I understand we must also have an affadavit for an out of the country divorce which i will pick up.

I have several questions.

(1) Since he is temporarily in SC will he still be able to file in Wake Co.

I hear that he would have to be physically present and accompanied to the PO to send the packet registered mail.How about if i with power of attorney delivered it to the Sherriff?

Or would we have to file the case in SC ??

Thank you in advance for any help you could give us.

Gail

gail j russell